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| Congolese Politician, Imprisoned for War Crimes, Is Convicted of Witness Tampering | Congolese Politician, Imprisoned for War Crimes, Is Convicted of Witness Tampering |
| (35 minutes later) | |
| PARIS — Jean-Pierre Bemba, a Congolese politician who is serving an 18-year prison sentence for crimes against humanity and war crimes, was convicted on Wednesday of coaching witnesses and bribing them to give false testimony. | PARIS — Jean-Pierre Bemba, a Congolese politician who is serving an 18-year prison sentence for crimes against humanity and war crimes, was convicted on Wednesday of coaching witnesses and bribing them to give false testimony. |
| The conviction for witness tampering broke new legal ground for the International Criminal Court, which in March found Mr. Bemba guilty of leading a four-month campaign of looting, rape and murder in the Central African Republic in 2002 and 2003. | The conviction for witness tampering broke new legal ground for the International Criminal Court, which in March found Mr. Bemba guilty of leading a four-month campaign of looting, rape and murder in the Central African Republic in 2002 and 2003. |
| Two of Mr. Bemba’s defense lawyers and two associates were also found guilty on Wednesday of offenses against the administration of justice. | Two of Mr. Bemba’s defense lawyers and two associates were also found guilty on Wednesday of offenses against the administration of justice. |
| “No legal system in the world can accept the bribing of witnesses, the inducement of witnesses to lie or the illicit coaching of witnesses,” said the presiding judge, Bertram Schmitt, who read out the summary of the decision in court. “Today’s judgment sends the clear message that the court is not willing to allow its proceedings to be hampered or destroyed.” | “No legal system in the world can accept the bribing of witnesses, the inducement of witnesses to lie or the illicit coaching of witnesses,” said the presiding judge, Bertram Schmitt, who read out the summary of the decision in court. “Today’s judgment sends the clear message that the court is not willing to allow its proceedings to be hampered or destroyed.” |
| The decision comes as the court faces criticism because all of its convictions so far have been related to crimes committed in Africa. This month, lawmakers in Burundi voted overwhelmingly to withdraw from the treaty that established the court; Burundi would be the first country to withdraw. (The United States never ratified the treaty.) | The decision comes as the court faces criticism because all of its convictions so far have been related to crimes committed in Africa. This month, lawmakers in Burundi voted overwhelmingly to withdraw from the treaty that established the court; Burundi would be the first country to withdraw. (The United States never ratified the treaty.) |
| Witness tampering and tinkering with evidence have been a bane of all international courts and tribunals that have sprung up over the past two decades. Tribunals dealing with Lebanon, Rwanda, Sierra Leone and the former Yugoslavia have all handed down fines and prison sentences for contempt of court. And the use and misuse of evidence and witnesses has plagued the International Criminal Court since its first trial opened in 2009. | |
| Its two most prominent cases, against Kenya’s president, Uhuru Kenyatta, and his vice president, William Ruto, both charged with crimes against humanity, collapsed when the prosecution withdrew its charges. Prosecutors had complained of constant allegations of witness tampering, threats, bribery and obstruction, and they said they could no longer proceed. | Its two most prominent cases, against Kenya’s president, Uhuru Kenyatta, and his vice president, William Ruto, both charged with crimes against humanity, collapsed when the prosecution withdrew its charges. Prosecutors had complained of constant allegations of witness tampering, threats, bribery and obstruction, and they said they could no longer proceed. |
| They said it was particularly difficult to prove witness intimidation because, they argued, the Kenyan government had created a general atmosphere of fear around the accusations against the two leaders, who were accused of inciting postelection violence. Most notably, prosecutors complained, the machinery of government was being used to obstruct investigations. | They said it was particularly difficult to prove witness intimidation because, they argued, the Kenyan government had created a general atmosphere of fear around the accusations against the two leaders, who were accused of inciting postelection violence. Most notably, prosecutors complained, the machinery of government was being used to obstruct investigations. |
| Two related cases against Kenyans, involving interference with witnesses, are still going on. | Two related cases against Kenyans, involving interference with witnesses, are still going on. |
| But the witness tampering prosecution against Mr. Bemba and four associates was aided by the fact that it played out largely in Europe, where the court can get cooperation from governments. Prosecutors used telephone taps, email intercepts and records of money transfers as evidence. Arrests were made simultaneously in Belgium, France and the Netherlands. One of the accused, Fidèle Babala Wandu, a Congolese lawmaker, was detained by the Congolese police and transferred to The Hague. | But the witness tampering prosecution against Mr. Bemba and four associates was aided by the fact that it played out largely in Europe, where the court can get cooperation from governments. Prosecutors used telephone taps, email intercepts and records of money transfers as evidence. Arrests were made simultaneously in Belgium, France and the Netherlands. One of the accused, Fidèle Babala Wandu, a Congolese lawmaker, was detained by the Congolese police and transferred to The Hague. |
| But Mr. Bemba’s defense lawyers said it was totally unacceptable and outrageous that the offices had been bugged and that emails and phone calls between a lawyer and his client had been scrutinized. | But Mr. Bemba’s defense lawyers said it was totally unacceptable and outrageous that the offices had been bugged and that emails and phone calls between a lawyer and his client had been scrutinized. |
| Critics have added that the court, which has a large docket of grave human rights violations to consider, was wasting energy and already scarce funds on cases such as these. | |
| But the prosecution has clearly wanted to set an example and said witness tampering went to the heart of its work and the need to deliver fair trials. | But the prosecution has clearly wanted to set an example and said witness tampering went to the heart of its work and the need to deliver fair trials. |
| Fatou Bensouda, a Gambian lawyer and the court’s chief prosecutor, recently argued: “As has become clear before this court, witness interference, whether unchecked or undetected, has unraveled and tainted entire trials; it has wasted valuable resources allocated to those proceedings and it has denied victims justice and potential reparations.” | Fatou Bensouda, a Gambian lawyer and the court’s chief prosecutor, recently argued: “As has become clear before this court, witness interference, whether unchecked or undetected, has unraveled and tainted entire trials; it has wasted valuable resources allocated to those proceedings and it has denied victims justice and potential reparations.” |
| Many of the details of how the coaching and bribery took place remain confidential because most of the witnesses at the trial testified behind closed doors. |